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Denied sickness leave

102 replies

ImagineRainbows · 27/09/2019 16:01

Posting for my partner, can anyone tell me where she stands legally please.

This year she had had:

3 weeks sick leave in one block following a car accident and injury. Doctors note provided for this.

1 week bereavement leave

3 days, 3 separate occasions, emergency dependants leave to deal with childcare issues

Together this sounds a lot but separately it’s not excessive to have had 1 sickness absence. These are all being lumped together and she has had a letter stating she is not to take any more leave.

Today she had a dental emergency at work (abscess ruptured) and had to leave to attend an emergency dentist appointment as she was in excruciating pain and could not talk (customer facing role).

She has now been told that she must take this as unpaid leave and make up the hours. However her contract gives her 4 weeks sickness pay at full pay and she has not used this.

The owner is stating that as she was paid for the bereavement leave and 2 days of the emergency dependants leave when they don’t have to this has reduced her sickness leave entitlement.

My thoughts are while they don’t have to pay the other leave the fact that in the past they have chosen to does not effect her sickness pay and she is still entitled to 4 weeks full pay as contracted. Additionally by refusing her sickness leave today they are treating her unfairly for taking emergency dependants leave which is also against the law to do.

Can anyone advise how this would be seen legally?

OP posts:
StarbucksSmarterSister · 29/09/2019 23:39

Ebearhug Christ, they're all bad but imagine only getting 3 days off if your child died? How barbaric.

TARSCOUT · 30/09/2019 00:24

Bereavement is treated as sick leave so this plus the 3 weeks sick gives your 4 weeks. You say she didn't ask for the additional bereavement leave but am assuming she took it? Time off to arrange care for dependants has to be facilitated but not paid. Doctor or dentist should be taken out with working hours or time made up, if neither, unpaid. So she's had 4 full weeks plus 3 extra days. If she'd wanted to take bereavement leave as holidays or unpaid she should have said. There is no legal entitlement to paid leave for bereavement. One way or another entitlement done for this year!

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